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Probation Period Nullity in Zoetermeer: Rules and Consequences

Probation period null in Zoetermeer? Discover when your probation period is invalid, your rights at the District Court of The Hague and steps via Juridisch Loket Zoetermeer.

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Probation Period Nullity: Rules and Consequences

A **probation period nullity** means that the probation period in your employment contract is legally invalid. This can occur if the probation period does not meet the statutory requirements or is drafted unfairly. The probation period then loses its effect and the standard rules of the **permanent employment contract** apply. For residents of Zoetermeer, this has important implications for dismissal protection, notice periods and terms of employment.

When does the District Court of The Hague declare a probation period null?

On the basis of **Article 7:667a Dutch Civil Code (BW)**, the maximum probation period is **1 month** for contracts shorter than 6 months and **2 months** for longer contracts. Exceeding these periods renders the probation period **null**. The District Court of The Hague, which has jurisdiction for Zoetermeer, applies these rules strictly.

Statutory Framework

Key provisions are:

  • Art. 7:667a BW: Maximum duration of probation period.
  • Art. 7:667b BW: No extension or repetition permitted.
  • Art. 7:667c BW: Written inclusion mandatory.
Furthermore, a probation period may not be disproportionately detrimental to the employee in the Zoetermeer region.

Circumstances for Nullity

Typical cases in which a probation period is declared null:

  • Exceeding maximum duration: 3 months probation for a 1-year contract is null (max. 2 months).
  • Absence of written recording: Oral agreements do not count.
  • Misleading constructions: Probation period while employer already knows you are suitable.
  • Illegal extension: Extension after expiry is prohibited.

Practical Examples

At a Zoetermeer company, you sign a 10-month contract with 3 months probation. The law limits this to 2 months, so the third month is null. Your dismissal protection applies after 2 months.

Or: oral notification of 1 month probation without mention in the contract. Dismissal during this period without reason is invalid at the District Court of The Hague.

Your Rights in Case of Null Probation Period

In case of nullity in Zoetermeer, the following apply:

Employee Rights

  • Full dismissal protection: Employer must demonstrate a valid reason (conduct or underperformance).
  • Notice period per CAO/contract: No immediate termination possible.
  • Damage claim possible: In case of wrongful dismissal via District Court of The Hague.

Employer Obligations

  • Accept nullity: Adjust contract to BW rules.
  • Fair treatment: Do not exert excessive pressure.
  • Transparent communication: Clear explanation of consequences.

Action Plan for Zoetermeer Residents

Suspect nullity? Follow these steps:

  1. Check your contract for written probation period and duration.
  2. Contact the Juridisch Loket Zoetermeer for free advice (make appointment via website or by phone).
  3. In case of dispute: file a writ of summons at the District Court of The Hague (Zoetermeer district).
  4. Consider support from an employment law attorney in Zoetermeer.
  5. Claim any compensation within the statutory time limits.

Tip for Zoetermeer: The Juridisch Loket offers low-threshold assistance. Address: [fill in local address]. For complex cases: specialised law firms in the region.